Argument Preview / Panel Activity

Argument Preview – Mobility Workx, LLC v. Unified Patents, LLC

One patent case being argued next week, Mobility Workx, LLC v. Unified Patents, LLC, attracted an amicus brief. In this case, Mobility Workx appeals an adverse decision by the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office in an inter partes review proceeding. On appeal, Mobility Workx presents several arguments that inter partes violates the Constitution. This is our argument preview.

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Opinions

Opinions & Orders – April 28, 2021

The Federal Circuit again did not release any opinions or orders this morning on its website. That makes four out of the last five business days without released opinions or orders.

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Argument Preview / Panel Activity

Argument Preview – Buffington v. McDonough

Next week is Court Week at the Federal Circuit, and three cases scheduled to be considered next week attracted amicus briefs. One is Buffington v. McDonough, a veterans case presenting the question of whether the Secretary of Veterans Affairs validly exercised rulemaking authority when promulgating a regulation related to the timing of payment of disability benefits. This is our argument preview.

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Opinions

Opinions & Orders – April 27, 2021

The Federal Circuit did not release any opinions or orders this morning.

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Federal Circuit Announcement

Federal Circuit Announces Extension of Access Restrictions to the National Courts Building

This morning, the Federal Circuit announced another extension of access restrictions to the National Courts Building, this one lasting until May 31, due to the ongoing COVID-19 pandemic. Here is the text of this morning’s announcement.

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Opinions

Opinions & Orders – April 26, 2021

This morning, the Federal Circuit released a precedential opinion in a trade case affirming the Court of International Trade’s determination of duty-free treatment of the active ingredient in a medication for the treatment of the human immunodeficiency virus (“HIV”), a nonprecedential opinion in a patent case affirming a dismissal for lack of eligibility, a nonprecedential order unsealing the trade opinion, and an erratum. Here are are the introductions to the opinions, text from the order, and link to the erratum.

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En Banc Activity

Recent En Banc Activity

Here is an update on recent en banc activity at the Federal Circuit. The court received two new petitions for rehearing en banc: one in a patent case raising a question related to the doctrine of equivalents, and one in a pro se case. Here are the details.

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Opinions

Opinions & Orders – April 23, 2021

The Federal Circuit did not release any opinions or orders this morning.

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News

Tiffany P. Cunningham Officially Nominated for Federal Circuit By President Biden

On Monday, the White House announced that President Biden officially transmitted to the United States Senate the nomination of Tiffany P. Cunningham to become a Circuit Judge of the Federal Circuit. The Senate, in turn, referred the nomination to its Committee on the Judiciary.

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Opinions

Opinions & Orders – April 22, 2021

The Federal Circuit did not release any opinions or orders this morning.

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